1. The Fence Company Near Me (“Contractor”) offers to furnish the labor, materials and installation as specified on the attached sketch(es) and/or specifications for the amount stated on the Estimate. This offer must be approved by the Purchaser prior to the initiation of any repair work by Contractor. If this Work Order is not approved or if the installation cannot be performed in accordance with applicable laws, this offer will be withdrawn. Purchaser remains liable to Contractor for the reasonable fee charged for diagnostic work incurred up to the time of rejection or withdrawal of this offer.
2. Purchaser understands that there are no oral agreements. The Work Order and the Terms and Conditions set forth herein constitute the entire agreement between the Contractor and Purchaser (collectively, the “Agreement”). No oral representations or other agreements have been made by the Contractor except as stated in this Agreement. This Agreement may not be changed in any way except as provided herein. No changes or modifications to this Agreement shall be valid unless they are in writing and signed by the Contractor and the Purchaser. Change Orders. Without invalidating this Agreement, Owner may order changes in the work within the general scope of this Agreement. A “Change Order” shall be issued and executed promptly after an agreement is reached between Contractor and Owner concerning the requested changes. Contractor shall promptly perform changes authorized by duly-executed Change Order. If the Owner requests the Contractor to submit a proposal for a change in the Work and then elects not to proceed with the change, a Change Order may be issued to reimburse the Contractor for any costs incurred for design services or proposed revisions to the Contract Documents or $150 whichever is greater.
3. Change Orders shall be paid upon execution and prior to commencement of the work. Owner agrees to make requests concerning any changes, additions, or alterations to the Contractor and to not issue any instructions to, or otherwise negotiate for additional work with Contractor’s subcontractors or employees. Owner shall pay the reasonable value including overhead and profit at the time the change order is signed and the time for completion shall be extended as required.
4. Purchaser represents and warrants that Purchaser is the fee simple owner of the premises unless otherwise specified in writing on the Work Order. In the event Purchaser is married and the work is for the marital residence, Purchaser approves this Agreement on behalf of his or her spouse.
5. Purchaser understands and agrees that Contractor shall not be responsible for any delays in delivery or installation due to weather, fire, strikes, shortages, war, acts of God, government regulation, or any other cause beyond its control. Purchaser agrees to pay Contractor the Total Price of the Agreement, which Total Price includes the cost of all materials plus installation as set forth more in the Work Order (“Price”). The Price also includes all Change Orders and/or extras caused by hidden conditions or subsequent requests by the Purchaser.
6. In the event of a breach of this Agreement by Purchaser, Purchaser agrees to pay Contractor the reasonable costs of enforcement or collection, including all attorney’s fees and costs incurred in all matters arising from this Agreement, whether said fees and costs were incurred before, during, or after suit, mediation, trial, or appeal, as well as appearances in or connected with any bankruptcy or disciplinary proceeding.
FLORIDA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU FILE A LAWSUIT FOR DEFECTIVE CONSTRUCTION AGAINST A CONTRACTOR, SUBCONTRACTOR, SUPPLIER OR DESIGN PROFESSIONAL FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU FILE YOUR LAWSUIT, YOU MUST DELIVER TO THE CONTRACTOR, SUBCONTRACTOR, SUPPLIER OR DESIGN PROFESSIONAL A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE YOUR CONTRACTOR AND ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND MAKE AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY THE CONTRACTOR OR ANY SUBCONTRACTORS, SUPPLIERS OR DESIGN PROFESSIONALS. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER FLORIDA LAW.
ACCORDING TO FLORIDA’S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN. IF YOUR CONTRACTOR OR A SUBCONTRACTOR FAILS TO PAY SUBCONTRACTORS, SUB-SUBCONTRACTORS, OR MATERIAL SUPPLIERS, THOSE PEOPLE WHO ARE OWED MONEY MAY LOOK TO YOUR PROPERTY FOR PAYMENT, EVEN IF YOU HAVE ALREADY PAID YOUR CONTRACTOR IN FULL. IF YOU FAIL TO PAY YOUR CONTRACTOR, YOUR CONTRACTOR MAY ALSO HAVE A LIEN ON YOUR PROPERTY. THIS MEANS IF A LIEN IS FILED YOUR PROPERTY COULD BE SOLD AGAINST YOUR WILL TO PAY FOR LABOR, MATERIALS, OR OTHER SERVICES THAT YOUR CONTRACTOR OR A SUBCONTRACTOR MAY HAVE FAILED TO PAY. TO PROTECT YOURSELF, YOU SHOULD STIPULATE IN THIS CONTRACT THAT BEFORE ANY PAYMENT IS MADE, YOUR CONTRACTOR IS REQUIRED TO PROVIDE YOU WITH A WRITTEN RELEASE OF LIEN FROM ANY PERSON OR COMPANY THAT HAS PROVIDED TO YOU A “NOTICE TO OWNER.” FLORIDA’S CONSTRUCTION LIEN LAW IS COMPLEX, AND IT IS RECOMMENDED THAT YOU CONSULT AN ATTORNEY.
CONTRACTOR DOES NOT EXPRESSLY OR IMPLIEDLY WARRANT HABITABILITY OF THE RESIDENCE OR SOIL OR SUBSURFACE CONDITIONS OF THE SUBJECT PROPERTY. OWNER EXPRESSLY ASSUMES THE RISK OF ANY AND ALL LOSS OR DAMAGE CAUSED BY SOIL OR SUBSURFACE CONDITIONS WHETHER SUCH CONDITIONS COULD HAVE BEEN DISCOVERED PRIOR TO CONSTRUCTION BY APPROPRIATE TESTING. IN NO EVENT SHALL CONTRACTOR BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE PERFORMANCE OF THIS CONTRACT.
7. Purchaser agrees that exclusive jurisdiction for any controversy or claim arising out of or relating to this Agreement shall be in a court of competent jurisdiction in Florida, that the laws of the State of Florida shall govern any controversy concerning this Agreement, and that venue lies exclusively in Pinellas County, Florida.
8. Purchaser agrees that this is an agreement for the performance of services, and all payments made pursuant to this Agreement are made for services rendered. Purchaser agrees that this is not an agreement for the sale of goods.
9. Contractor reserves the right to cancel this Agreement at any time prior to the initiation of the work to be performed in the event that the cost to complete the work differs from the initial pricing. In the event of such occurrence, Contractor shall advise Purchaser and adjust the price accordingly. In the event that Purchaser is not in agreement with the adjusted price, Contractor shall notify Purchaser in writing of the cancellation of this Agreement, and Contractor shall not be liable to purchaser for any damages resulting from such cancellation.
10. Contractor warrants to Purchaser that all materials furnished under this Agreement will be new unless otherwise specified in the Proposal, and that all work will of good quality, will be performed in a skillful and workmanlike manner, free from faults and defects, and in conformance with industry standards and practices. Any warranties provided by this Agreement are not transferrable to anyone other than the Purchaser. The manufacturer(s) of the materials installed may have their own warranties. These manufacturer’s warranties supersede and are provided in lieu of any and all other warranties and/or guarantees, whether express or implied, including warranties of merchantability and/or fitness for a particular purpose. Neither Contractor nor its agents have any authority to give any warranties and/or guarantees other than those provided herein. Any labor warranty docs not cover any liabilities or damages which have been caused by acts of God, including but not limited to tornadoes, hurricanes, hail, gale winds, lightning, earthquakes, foundation shifts, or any action outside the control of the Contractor.
Unless otherwise agreed in writing by Purchaser and Contractor, Contractor shall secure and pay for any required building permit, government fees, licenses, and inspections necessary for the proper execution and completion of the work that are customarily secured and legally required after this Agreement has been accepted in writing. In the event that any state, county or municipal codes and/or regulations require work not expressly set forth in this Agreement, and/or differ materially from that generally recognized as inherent in the work of the character performed in this Agreement, any and all extra costs for Contractor’s labor and materials shall be the sole obligation of the Purchaser.
11. Payments due and unpaid under the terms of this Agreement shall bear interest from the date payment is due at the rate of 12% per annum. If, at any time, the Purchaser fails to pay Contractor the payments specified under the terms of this Agreement when due, Contractor, at its sole discretion, may stop work until the payment that is due and owing has been received by Contractor. In such event, the Price under the terms of this Agreement shall be increased by the costs of the shutdown, delay, mobilization, and re-start-up that Contractor has incurred.
IN NO EVENT, WHETHER OCCASIONED BY A BREACH OF WARRANTY CONTAINED IN THIS AGREEMENT OR BY ANY OTHER CAUSE, WHETHER BASED UPON OR SOUNDING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WILLFUL AND/OR WANTON CONDUCT, WARRANTY (EXPRESS OR IMPLIED) OR OTHERWISE ARISING OUT OF OR RELATING TO THE WORK AND/OR SERVICES PERFORMED UNDER THIS AGREEMENT OR OTHERWISE, SHALL CONTRACTOR BE LIABLE FOR OR OBLIGATED IN ANY MANNER FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES (INCLUDING BY WAY OF EXAMPLE BUT NOT BY WAY OF LIMITATION, LOSS OF PROFITS OR LOSS OF USE).
12. Warranty and/or punch list work will cease and/or not be performed by Contractor if Purchaser’s payment schedule as set forth in this Agreement has not been timely met.
By signing the Proposal, Purchaser agrees that if Purchaser cancels this Agreement for any reason whatsoever prior to the beginning of work by Contractor, that Purchaser will be liable and responsible to Contractor for 25% of the Total Price of this Agreement as liquidated damages. If Purchaser cancels this Agreement after work has begun by Contractor, then Purchaser will be liable for any and all damages incurred by Contractor as a result of the cancellation, together with all attorneys’ fees and costs incurred.
13. By signing this Proposal, Purchaser agrees to extend permission to any worker, subcontractor and supplier access via driveway, yard and/or grounds necessary to perform the work identified in this Work Order. Due to the nature of the construction to be done at the Purchaser’s request, Purchaser takes sole responsibility for any and all damage done to the driveway, lawn, and/or landscaping at the location of the job. Contractor is not responsible for any damage to the lawn, driveway, and/or landscaping, and/or for any hairline cracks or any cracks in the ceilings or walls to the property due to the work specified by this Work Order.
13. The failure by the Contractor to insist on or enforce any of its rights shall not constitute a waiver of those rights by the Contractor, and nothing shall constitute a waiver of the Contractor’s right to insist upon strict compliance with the terms of this Agreement.
14. Concealed Conditions. Contractor has visited the site and has familiarized itself with the local conditions under which the work is to be performed. However, Contractor is not responsible for subsurface or latent physical conditions at the site or in an existing structure that differ materially from those (a) indicated or referred to in the contract documents or (b) ordinarily encountered and generally recognized as inherent in the work of the character provided for in this Agreement. After receiving notice of any extraordinary condition, Owner shall investigate the condition within five (5) days. If the condition will increase Contractor’s cost of performance of any part of the work under this Agreement or the time required for that work, the parties may sign a change order agreement incorporating the necessary revisions, or Owner may terminate this Agreement. If Owner terminates this Agreement under this paragraph, Contractor will be entitled to recover from Owner payment for all work performed, including normal overhead and a reasonable profit.
DJ Marcussen
Fence Company Near Me
Cell 804-677-4936
Office 727-361-2330
License C-11423
Insured